Occupational Safety and Health NewsAlert

COMMISSION DENIES SECRETARY’S REQUEST FOR POST-HEARING AMENDMENT OF STANDARD ALLEGED IN ORDER

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 14

©2010 Jackson Kelly PLLC

            In a recent Federal Mine Safety and Health Review Commission (the “Commission”) decision, the Commission denied the Secretary of Labor’s (the “Secretary”) request to amend the standard cited in a § 104(d)(2) order (the “Order”) after the Administrative Law Judge (“ALJ”) decision had been issued.  In Cumberland Coal Resources LP, Docket No. PENN 2008-51-59 (Rev. Comm. May 6, 2010), the operator appealed the ALJ’s finding of a violation of § 75.363(a).  That standard requires as follows:

REVIEW COMMISSION PROPOSES RULES FOR SIMPLIFIED PROCEEDINGS

For clients and friends of Jackson Kelly PLLC

Volume 6,  Number 13

©2010 Jackson Kelly PLLC

 

            The Federal Mine Safety and Health Review Commission (the “Commission”) has proposed new procedural rules for simplified proceedings involving the contest of civil penalty proceedings under the Mine Act.  The proposed rules were published on May 20, 2010, in the Federal Register.  75 Fed. Reg. 28,223.

MSHA ISSUES TWO PILS AFFECTING USE OF BELT AIR TO VENTILATE WORKING SECTIONS

For clients and friends of Jackson Kelly PLLC

Volume 6, Number 12

©2010 Jackson Kelly PLLC

 

            On May 6, 2010, MSHA issued two Procedure Instruction Letters (“PIL”) affecting the use of belt air to ventilate working sections in coal mines, PIL No. I10-V-5 and No. I10-V-6.